Study Of The Legal Relationships On Disputes Of Vehicles Damages In Parking Lots

In daily life, it’s hard to identify the actual infringers when vehicles are lost or damaged in the parking lots owing to torts of third parties. Therefore, disputes on compensations are arose easily between owners of parking lots and people who park in parking lots.In order to settle the disputes of vehicles damages in parking lots, as well as confirm the liabilities for damages accurately, this article launches research on the legal relationships between owners of parking lots and people who park in parking lots on the basis of studies on judicial cases and theoretical viewpoints.This article consists of four chapters.The first chapter includes overviews of three typical cases of disputes on vehicles damages in parking lots as well as major problems to be discussed according to the controversies of cases.The second chapter firstly clarifies the definition of disputes of vehicles damages in parking lots as well as the research object of this article. Secondly, it makes an introduction to related legal provisions, guidance of judicial departments and industry norms. Thirdly, it makes a summary of ideas, key points and main controversies of judgments according to different causes of action. The related causes of action include disputes of storage contracts, disputes of leasing contracts, disputes of service contracts and disputes of real estate service contracts.The third chapter firstly discusses about conditions for establishment of vehicle storage contracts, the obligations and liabilities of the depository, the balance of rights and obligations between parties of vehicle storage contracts. Secondly, it discusses about conditions for establishment of site leasing contracts, the obligations and liabilities of the leaser, and controversies about establishment of site leasing contracts. Thirdly, it makes a point that the business operators have no obligations to take good care of vehicles by law, whereas they should undertake a degree of collateral obligation about safety of consumers’ vehicles. Fourthly, it demonstrates that real estate service enterprises should undertake a degree of obligation about safety of vehicles of owners, occupiers and visitors according to <The Property Management Regulation> or real estate service contracts.The fourth chapter firstly comes up with a viewpoint that the legal relationships between owners of parking lots and people who park in parking lots should be defined in accordancewith interpretations of expressions of intentions as well as the standard of actual control. Secondly, it defines whether the depository service is free in disputable and specific situations after the conclusion of storage contracts.